The Impact of COVID-19 on Enforcement and Bankruptcy Law


Atali M. , Erdogan E.

ISTANBUL HUKUK MECMUASI, vol.78, no.2, pp.395-416, 2020 (Journal Indexed in ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 78 Issue: 2
  • Publication Date: 2020
  • Doi Number: 10.26650/mecmua.2020.78.2.0005
  • Title of Journal : ISTANBUL HUKUK MECMUASI
  • Page Numbers: pp.395-416

Abstract

The COVID-19 outbreak, which was declared a pandemic by the World Health Organization in March, has significantly damaged economic activities in Turkey and worldwide. Most economic activities have stopped or slowed down because of this pandemic. This situation has caused enormous difficulties and impossibilities for individuals to fulfill the obligations they had previously undertaken. These economic difficulties may economically destroy individuals. Therefore, to help individuals cope with these difficulties, some measures have been taken regarding Enforcement and Bankruptcy Law. First, with the Presidential Decree numbered 2279 regulated in article 330 of the Enforcement and Bankruptcy Law, the extraordinary suspension institution has entered into force. All mandatory execution processes have stopped as per Law 7226. In this paper, measures undertaken regarding Enforcement and Bankruptcy Law and their legal consequences are discussed. Moreover, possible problems are discussed, and the measures taken with respect to the periods in the Enforcement and Bankruptcy Law have been explained. In addition, all enforcement and bankruptcy proceedings have been stopped during this pandemic period. Individuals are not allowed to commence new proceedings. Here, the paper also examines the measures taken regarding the arrest orders and concordat proceedings.